IP: Dan Gilmor -- "they didn't win the overwhelming victory that you're hearing about. Not even close. " [exactly my reading djf]

[David Farber <dave () farber net>]

Posted on Thursday, June 28, 2001

Appeals Court Overturns Microsoft Breakup

by Dan Gilmor

Microsoft and its acolytes are purring with delight today, at least 
publicly. But they didn't win the overwhelming victory that you're hearing 
about. Not even close.

 From the ruling (PDF file, about 420K) by the U.S. Court of Appeals for 
the District of Columbia:
Given the limited scope of our disqualification of the District Judge,we 
have let stand for review his Findings of Fact and Conclusions of Law. The 
severity of the District Judge's misconduct and the appearance of 
partiality it created have led us to consider whether we can and should 
subject his fact findings to greater scrutiny. For a number of reasons we 
have rejected any such approach.

The court may have overturned the breakup order. But by the same unanimous 
ruling it accepted Judge Thomas Penfield Jackson's findings of fact and 
ruling that Microsoft a) has a monopoly in the relevant market; b) used 
unfair business practices to maintain its dominance; and c) has to be 
restrained from further abuses.

What Microsoft has won is time. It can continue its brutal practices for a 
while longer, building into Windows and Internet Explorer and Office any 
and all technologies that will further solidify the monopoly. It can extend 
its reach into new markets, using its $30 billion in cash (which grows by a 
billion dollars a month. The company surely figures that it'll be entirely 
above the law by the time the law catches up.

It may work. It has so far.



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